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(영문) 서울남부지방법원 2015.03.20 2014가합106589

대여금

Text

1. The defendant shall pay 180,000,000 won to the plaintiff and 20% per annum from January 18, 2015 to the day of complete payment.

Reasons

1. From May 18, 2012 to March 3, 2014, the Plaintiff: (a) lent KRW 172 million to the Defendant’s account from May 18, 2012 to March 3, 2014 by means of remitting KRW 172 million to the Defendant’s account; and (b) lending KRW 180 million in total to the Defendant by means of cash or checks.

(hereinafter “instant loan”). On March 28, 2013, the Plaintiff and the Defendant set the monthly interest rate of KRW 180 million as 2.5%, and the principal amount due on December 31, 2015, respectively. In a case where the payment of interest is delayed for at least six months, a special agreement was made on the loss of interest due to the payment of all the obligations immediately. On April 15, 2014, the Defendant did not pay any interest at all to the Plaintiff on the following grounds: (a) the Plaintiff and the Defendant sent to the Plaintiff a letter that “I would pay any money later; and (b) would pay any money later.”

As above, the grounds for loss of benefit have occurred and the time for the repayment of the loan of this case has arrived following the Plaintiff’s claim for the return of the loan of this case. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from January 18, 2015 to the day of full payment, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff.

2. Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).